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Disclosure Of Settlement Agreement Template for South Africa

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Key Requirements PROMPT example:

Disclosure Of Settlement Agreement

"I need a Disclosure of Settlement Agreement that allows our company to share settlement details with our external auditors and tax advisors for the 2025 financial audit, while maintaining strict confidentiality requirements for all other aspects of the original settlement."

Document background
The Disclosure of Settlement Agreement is a critical legal instrument used in South African business and legal practice when parties need to share confidential settlement information with specific individuals or entities while maintaining overall confidentiality. This document becomes necessary when circumstances require disclosure of settlement terms to third parties, such as regulatory authorities, auditors, or professional advisors. It's particularly relevant in contexts where the original settlement agreement contains confidentiality provisions but subsequent disclosure is required for compliance, regulatory, or business purposes. The agreement must comply with South African legislation, including the Protection of Personal Information Act (POPIA) and the Promotion of Access to Information Act (PAIA), while balancing transparency requirements with privacy protection. It's designed to prevent unauthorized disclosure while facilitating necessary information sharing.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the original settlement agreement parties and any additional parties to whom disclosure is being made

2. Background: Context of the original settlement agreement, reason for disclosure, and relevant circumstances necessitating this disclosure agreement

3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Settlement Agreement', 'Permitted Disclosure', and 'Authorized Recipients'

4. Reference to Original Settlement: Details and date of the original settlement agreement being referenced

5. Scope of Disclosure: Specific information from the settlement agreement that may be disclosed

6. Authorized Recipients: Identification of persons or entities to whom disclosure is permitted

7. Confidentiality Obligations: Ongoing confidentiality requirements for information not covered by the disclosure permission

8. Purpose of Disclosure: Permitted purposes for which the disclosed information may be used

9. Duration: Time period for which the disclosure permission remains valid

10. Signatures: Execution clause and signature blocks for all parties

Optional Sections

1. Media Communications: Include when public announcements or media statements about the settlement are contemplated

2. Regulatory Compliance: Include when disclosure is required for regulatory or statutory compliance

3. Third Party Rights: Include when the disclosure affects the rights of parties not directly involved in the original settlement

4. Non-Disparagement: Include when there's a need to control the manner of disclosure to prevent harmful or disparaging communications

5. Variation: Include when parties want to allow for future modifications to the disclosure permissions

6. Dispute Resolution: Include when specific dispute resolution mechanisms for disclosure-related disputes are needed

7. Indemnification: Include when protection against claims arising from permitted disclosure is required

Suggested Schedules

1. Schedule A - Permitted Information: Detailed list of specific information from the settlement agreement that may be disclosed

2. Schedule B - Authorized Recipients: Comprehensive list of individuals or entities authorized to receive the disclosed information

3. Schedule C - Original Settlement Agreement: Copy or relevant excerpts of the original settlement agreement

4. Schedule D - Disclosure Format: Templates or prescribed formats for making authorized disclosures

5. Appendix 1 - Confidentiality Undertaking: Form of confidentiality agreement to be signed by authorized recipients

6. Appendix 2 - Disclosure Notice: Template for notifications required before or after making permitted disclosures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Financial Services

Mining

Manufacturing

Healthcare

Technology

Retail

Construction

Professional Services

Energy

Telecommunications

Insurance

Real Estate

Education

Transportation

Agriculture

Relevant Teams

Legal

Compliance

Executive Management

Corporate Governance

Risk Management

Human Resources

Corporate Communications

Regulatory Affairs

Finance

Audit

Board Secretariat

Dispute Resolution

Relevant Roles

Legal Counsel

Compliance Officer

Chief Executive Officer

Chief Financial Officer

Risk Manager

Company Secretary

Human Resources Director

Corporate Communications Manager

Regulatory Affairs Manager

Operations Director

Board Member

Settlement Administrator

Legal Operations Manager

Dispute Resolution Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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